05-05 Sexual Assault Flashcards

Question

Police Officer - The first police officer SHALL be responsible for the

Answer 1

safety and wellbeing of the victim, offender management, and preservation of the evidence and crime scene while awaiting the arrival of an appropriate investigator.

Answer 2

 advise the communications operator of relevant information for broadcast such as the description of the suspect (if available), direction of travel, etc.  preserve the crime scene for physical and trace evidence and await the arrival of a divisional sexual assault investigator or Detective Operations – Forensic Identification Services (FIS) officer to take charge of the scene  conduct a preliminary investigation by obtaining from the victim  the name, address and other necessary particulars of the victim  the date, time and location of the incident  suspect identification and/or description  brief overview and/or description of occurrence  if the victim is under the age of eighteen (18) years comply with Procedure 05–06  where the victim has special needs (e.g. interpretation, sign language, physical and other disabilities, or cultural differences) ensure the appropriate individual or agency is contacted for assistance  when interpreting services are required, contact Multilingual Community Interpreter Services (MCIS) and note the applicable details in the eReport  comply with Procedure 04–09 where MCIS is unable to assist  MCIS will provide free interpretation services to TPS during the investigation of all sexual, intimate partner violence and human trafficking related occurrences, irrespective of the age of the victim or the suspect/accused. MCIS interpreters will provide their services to all involved parties, including the accused up until the time that a formal charge has been laid, (Information has been sworn before a Justice).

Answer 3

 advise the victim that a detailed statement will be obtained by a sexual assault investigator  request that a supervisory officer attend the scene  notify the Officer in Charge of all pertinent details  complete notification section in eReport  except where physical injuries warrant immediate transfer to the nearest hospital, consult with the divisional sexual assault investigator, or in their absence, a divisional investigator to determine whether the circumstances of the sexual assault dictate that the victim be transported to a SA/DVCC  An oral swab from the victim’s mouth and swabs from any area touched by the offender should be considered.  be guided by the Centre for Forensic Sciences (CFS) Police Submission Guidelines for the Sexual Assault Examination Kit (SAEK) (Appendix B)  where a report is made within seventy two (72) hours to twelve (12) days of the incident, SHALL advise the victim of the importance of attending a hospital with a SA/DVCC for the purposes of a medical evaluation, as well as the gathering of potential forensic evidence  Consider potential to gather forensic evidence up to twelve (12) days of the incident, if suspected penile penetration of vagina.

Answer 4

 where a report is made after twelve (12) days of the incident, encourage the victim to seek medical attention for the purpose of personal safety and security  if transportation by ambulance is not necessary, consider the use of an unmarked vehicle when transporting the victim to a SA/DVCC  to reduce the necessity for the victim to recount the incident, accompany the victim to the treatment facility, and where operationally possible, wait for the victim until the completion of the medical examination at the SA/DVCC  request the victim postpone voiding whenever possible until after the medical examination, but if voiding is necessary advise the victim to avoid wiping the genital area or to save the tissue for later submission with the sexual assault kit  advise the victim not to bathe or change their clothes until after the medial examination. If clothes are to be changed, ensure clothes are seized for later submission with the sexual assault kit  arrange for the victim to obtain a change of clothing  Consider penile swab, incident to arrest, in consultation with divisional sexual assault investigator.  comply with Procedure 17–01 at the direction of the assigned investigator

Answer 5

 If known, conduct a Person Query, including a CPIC and Canadian Firearms Registry On-Line (CFRO) check  determine if the suspect/accused owns, possesses or has access to weapons, firearms, ammunition, explosives or the related authorizations, licences, certificates or permits and comply with Procedure 05–21  consider using the search and seizure provisions contained in s. 117 CC to minimize any subsequent risk to the victim  obtain the type of information contained in Chapter 5, Appendix A to help determine whether REASONABLE GROUNDS exist to BELIEVE there is a threat to safety  complete the applicable eReports, including  the applicable MO Detail page  applicable details of the victim interview  the attendance or reason for non–attendance of the supervisory officer  the information contained in Chapter 5, Appendix A  not make any comments in the report on the validity or truth of the complaint  notification of supervisors and divisional sexual assault investigators  A Firearms Interest Police (FIP) entry will be auto-generated from the eReport entry and uploaded to CPIC. The FIP database in CPIC flags an individual applying for a firearms licence who has committed, or threatened to commit, an act of violence. Such a flag is not an automatic refusal to issue a licence, but assists in the initial screening process or subsequent review by a Chief Firearms Officer.  if the situation varies from the original event type and does not require any further investigation ‒ obtain a divisional supervisory officer's badge number and approval to change the event type ‒ request the communications operator to change the event type to reflect the true situation  scan and attach all memorandum book notes and hardcopy reports to the original eReport  where violence or injury has occurred, the suspect can be identified, or an accurate suspect description is available, select Yes for the BOLO option when completing the suspect Entities page  Records Management Services – Operations will create and post a BOLO.

Answer 6

 results of the preliminary interview of the victim including  description of the suspect(s)  complaints of injury  any visible injuries  results of the preliminary contact with the suspect including  all spontaneous statements (comply with Procedure 04–32)  condition of clothing  signs of a struggle (injuries)  signs of drug or alcohol use

Answer 7

Chapter 1 and Chapter 12.

Answer 8

the quality and thoroughness of the uniform response.

Answer 9

 attend at the scene of the offence, where the victim is located or any additional location deemed necessary  If victim attends the hospital, ensure first responding officer accompanies the victim.  ensure sufficient resources are assigned and all necessary action has been taken by responding uniform officers  record their attendance or reason for non–attendance in their memorandum book and the original eReport  ensure the applicable eReports are completed  ensure all memorandum book notes and hardcopy reports are scanned and attached to the original eReport

Answer 10

 attend the scene  advise the Officer in Charge of the circumstances  notify  Sex Crimes  Duty Senior Officer  document the circumstances in the memorandum book, including if no arrest was made, why no arrest was made/charge laid, when applicable  ensure the victim is offered the assistance of the EFAP, Victim Services Toronto, and other community agencies  advise the victim that they will be contacted by PRS

Answer 11

 attend the scene  advise the Officer in Charge of the circumstances  notify Duty Senior Officer  document all the circumstances in the memorandum book, including if no arrest was made, why no arrest was made/charge laid, when applicable  ensure that the victim is offered the assistance of Victim Services Toronto and other community agencies

Answer 12

for ensuring the needs of the victim are met and effective management of the crime scene. This includes the gathering of evidence and ensuring a thorough and comprehensive preliminary investigation is conducted prior to contacting Sex Crimes.

Answer 13

 attend at the scene, where the victim is located or any additional location deemed necessary and take charge of the investigation without delay  consult with the police officer conducting the preliminary investigation to determine whether the circumstances of the sexual assault dictate that the victim be transported to a SA/DVCC, and be guided by the reporting procedures on page 7  The investigator may still consider encouraging the victim to attend the SA/DVCC for the purposes of medical treatment even if beyond twelve (12) days of the incident.  request the attendance of an investigator from FIS  comply with Procedure 04–21 in the gathering and preserving of evidence  offer the victim the option of having a person of his/her choice or a member of Victim Services present for support  document the offering of Victim Services and the victim’s response  advise both the victim and any support person present that the latter  may be asked to leave if the victim so desires  must not interfere in the investigation  may be required to testify in court  consult with the attending doctor or SA/DVCC nurse  prior to the seizure of a SAEK, ensure the victim is advised and fully understands the legal implications of signing the Consent to Release Forensic Evidence to Police Form, and record in their memorandum or case book and eReport the date, time and location this explanation was provided to the victim  ensure all appropriate forensic evidence is collected and forms completed, including the Sexual Assault History Form, Forensic Evidence Form and the General Examination Form  when a victim attends a SA/DVCC to have an examination but chooses not to report the assault to police or proceed with charges, determine and note the present SA/DVCC policy on storage duration of the SAEK in order to fully inform the victim of the length of time the SAEK will be stored  ensure the SAEK and all related documents are collected from the SA/DVCC as soon as possible after the Consent to Release Forensic Evidence to Police Form has been signed by the victim  complete and comply with the instructions on the back of the TPS 212 if the specific medical or treatment records of a victim (resulting from the sexual assault being reported) will assist the investigation  refer to Appendix A if other medical/personal records (Third Party Records) of the victim may exist and may be subject to disclosure/subpoena  conduct a detailed electronically recorded interview with the victim/witness in compliance with Procedure 04–32. When deemed appropriate an investigator may consider administering a sworn statement  When conducting an interview with the victim/witness, use MCIS when required.  offer the victim the option of a male or female sexual assault investigator for the purposes of the interview where operationally possible  ensure the victim has transportation from the hospital to their home, a place of safety or a police facility  arrange for photographs of the victim at the appropriate time  advise FIS prior to the victim’s attendance if a photographer of the same gender is required  consider and exercise all powers of search and seizure, with and without warrant, relating to weapons, firearms, ammunition, explosives or related authorizations, licences, certificates or permits  consider contacting all persons known to police who may provide the accused access to firearms or related authorizations, licences, certificates or permits  notify Organized Crime Enforcement – Integrated Gun & Gang Task Force when firearms are or may be a factor  comply with Procedure 05–21, if applicable  consider contacting the Polygraph Section of Sex Crimes for the purposes of conducting a forensic polygraph test on all persons-of-interest or suspects involved in the sexual assault investigation (comply with Procedure 04–22)

Answer 14

 comply with Procedure 04–21 and ensure  an entry is made on the original eReport  the applicable property report is completed and submitted  the eReport number is noted on the TPS 400  ensure it is properly packaged and labelled in compliance with the applicable procedures in Chapter 9  comply with Procedures 08–06 and 08–07 when dealing with evidence that poses a biohazard  FIS is available to advise investigators on the handling, drying and storage of evidence that poses a biohazard.  ensure property submitted to FIS is retrieved in a timely fashion, if necessary

Answer 15

 ensure the officer transporting the SAEK delivers to FIS for triage and drying in accordance with the CFS Guidelines contained in the Handbook of Forensic Evidence for the Investigator and the FIS unit specific policies  Members of FIS will assist in the completion of the CFS submission using the CFS Evidence Web-Submission System and deliver any SAEK to CFS after appropriate air-drying of samples.  consult with the CFS Sexual Assault Advisor for any submissions outside of those contained in a SAEK  ensure the results of the analysis by CFS are recorded as supplementary information to the original eReport  ensure samples from the SAEK and other appropriate forensic evidence are not destroyed prior to the conclusion of the case and appeal period

Answer 16

obtain saliva or blood samples from the partner for the purpose of direct comparisons.

Answer 17

information is in compliance with Procedures 17–01 and 17–04.

Answer 18

ViCLAS report in compliance with Procedure 05–19. Potential Sex Offender

Answer 19

Sex Crimes – Behavioural Assessment Section

Answer 20

 The Supreme Court of Canada has ruled obtaining a penile swab incident to arrest, where REASONABLE GROUNDS exist and if conducted in a reasonable manner, would not constitute a charter breach, and would therefore be lawful as a search incident to arrest. When an arrest is made consider contacting FIS to obtain a penile swab from accused.  comply with the applicable procedures in Chapter 12  complete and serve the accused with a copy of the OSOR Form 5  complete and swear to the Affidavit of Service on the reverse of the OSOR Form 5, place a copy in the crown envelope and forward the original to the Sex Offender Registry Enforcement Unit (SOREU) via interdepartmental mail  conduct inquiries into the offender, family members, or any other person who may reasonably provide information whether firearms, ammunition or related licences, authorizations, certificates, permits are available to the offender  consider applying for a prohibition order or seeking a revocation where REASONABLE GROUNDS exist to BELIEVE it is not desirable in the interests of safety for the accused to possess weapons

Answer 21

 consult with the detective sergeant and note the date and time of the consultation in their memorandum or case book  add all relevant details of the consultation as supplementary information to the original eReport  ensure the eReport is completed and status updated to unfounded

Answer 22

 provide the victim with the case manager’s name, rank, badge number and contact information  in the absence of the case manager, advise the victim to contact the detective sergeant  ensure consistent and regular contact is maintained with the victim throughout the investigative and legal process  ensure the victim is aware of the court’s expectations of a witness and the services available through victim/witness support agencies  ensure the victim is advised in a timely manner of developments or changes of status including bail conditions, court dates or dispositions  encourage the victim to complete a Victim Impact Statement at the appropriate stage of the court process in compliance with Procedure 04–24  maintain a chronological record of contacts with the victim on a TPS 262  the primary case manager/investigator SHALL maintain carriage of the case until the conclusion of the case

Answer 23

update the Property Disposition Inquiry (PDI) application on the TPS Network.

Answer 24

victim between investigators due to transfer or reassignment.  The divisional sexual assault investigator SHALL complete a TPS 309 Divisional Sexual Assault Audit for their Detective Sergeant and scan the TPS 309 into the eReport – Administrative Not for Disclosure.  In cases involving child abuse ensure compliance with Procedure 05-06 and: Where an arrest occurs from a joint investigation, in addition to your notification responsibilities to the complainant or victim, SHALL provide the CAS counterpart with a scanned copy of the Undertaking to an OIC, Recognizance of Bail or Probation Order which outlines the bail status and conditions. Also, advise the CAS counterpart to be aware that conditions can be varied at subsequent court appearances. The only exception to providing a copy to CAS would be in the case of the accused being a young person. That youth record SHALL not be shared.

Answer 25

divisional sexual assault investigator, Sex Crimes

Answer 26

 liaise with the Officer in Charge or Unit Commander to ensure adequate resources have been deployed  offer advice, assistance and follow-up investigation, as required

Answer 27

notify the Unit Commander – Sex Crimes or designate.

Answer 28

Major Case Manager

Answer 29

 take charge of the investigation and comply with the OMCMM  designate a Primary Investigator, if necessary

Answer 30

appropriate uniform response, and in the absence of the detective sergeant, an appropriate investigative response.

Answer 31

 ensure the attendance of a  divisional sexual assault investigator from the unit, or if unavailable  divisional sexual assault investigator from another unit, or if unavailable  divisional investigator from the unit or another unit  ensure a supervisory officer attends at the scene of the offence, where the victim is located or any additional location deemed necessary  ensure a preliminary investigation has been commenced by a divisional sexual assault investigator or a divisional investigator before contacting Sex Crimes  ensure the particulars are recorded in the Unit Commanders Morning Report (UCMR), as required

Answer 32

 review the report and any related property reports for completeness, accuracy and appropriate language  ensure incorrect, incomplete or inappropriate occurrences or reports are corrected by the author  ensure all memorandum book notes and hardcopy reports are scanned and attached to the original eReport  ensure Sex Crimes is notified

Answer 33

 all reasonable inquiries have been made into the possession by an accused of weapons, firearms, ammunition, explosives, authorizations, licences, permits, certificates, Firearms Acquisition Certificate, etc.  such items are surrendered before release to enhance the safety of the victim

Answer 34

 notify the Unit Commander of Sex Crimes, or if absent, the Duty Senior Officer of the circumstances surrounding the incident  comply with Procedure 13–08 or 13–10 when considering suspending the member  ensure the assistance of the EFAP, Victim Services Toronto and other community agencies are offered to the victim

Answer 35

their Unit Commander, or if absent, the Duty Officer of the circumstances.

Answer 36

appropriate investigative response, and are accountable for ensuring that a thorough and comprehensive investigation is conducted by accredited sexual assault investigators.

Answer 37

 ensure all sexual assault investigations are conducted by accredited sexual assault investigators  wherever possible, ensure sexual assault case managers who are transferred or assigned to different duties within the Service retain control of the investigations to its conclusion, including contact with the victim or will ensure an orderly transition of the victim between investigators  ensure sexual assault investigators are deployed in a manner which maximizes their availability  ensure the follow–up investigation of a sexual assault is thorough and undertaken promptly  answer any victim inquiries when the case manager is unavailable  ensure a periodic review is conducted of the chronological record of contacts with the victim as recorded on the TPS 262 by the assigned sexual assault investigator  review the report for completeness and ensure all incorrect, incomplete or inappropriate occurrences or reports are corrected by the submitting officer  SHALL complete a TPS 309 Divisional Sexual Assault Audit for the Unit Commander.

Answer 38

 all pertinent details are entered in the memorandum or case book  all relevant details of the consultation are entered as supplementary information to the original eReport  ensure the eReport is completed and status updated to unfounded  ensure continuing reviews are conducted on all sexual assault investigations for completeness and appropriate language and the details of this review are entered as supplementary information to the original eReport, and  ensure any deficiencies are promptly dealt with and an appropriate notation is made in their memorandum book  a ViCLAS submission is completed as prescribed by Procedure 05–19

Answer 39

Duty Senior Officer

Answer 40

 immediately advise Sex Crimes and PRS of the circumstances  for a matter involving a police officer, ensure compliance with Chapter 13 regarding conduct complaints  for all members, comply with Procedure 13–08 or 13–10 when considering suspension  ensure the assistance of the EFAP, Victim Services Toronto and other community agencies are offered to the victim  where appropriate or requested, ensure appropriate arrangements are made in the workplace to ensure there is no direct contact between the victim and the suspect/accused

Answer 41

 the Duty Officer of their service is contacted as soon as practicable  information is provided about the matter including  details of the incident  condition and status of the victim  charges laid, if applicable  whether bail is being opposed  date, time and location of the first court appearance, if applicable

Answer 42

means an officer assigned to a divisional detective office. In reference to sexual assault investigations means an officer assigned to a divisional investigative unit who is not accredited to investigate complaints of sexual assault.

Answer 43

means an officer assigned to a divisional investigative unit who is accredited to investigate complaints of sexual assault.

Answer 44

means the investigator assigned by the Major Case Manager in every threshold major case investigation to perform the functions and responsibilities of the primary investigation function. The Primary Investigator SHALL have the knowledge, skills, and abilities to perform the function; SHALL have successfully completed the Ontario Major Case Management Course or equivalent, as defined by the Ontario Police College. (Source: Ontario Major Case Management Manual)

Answer 45

means an accredited sexual assault investigator assigned to Detective Operations – Sex Crimes (Sex Crimes).

Answer 46

means the offence as defined by the Criminal Code.

Answer 47

means a medical care centre designated for the treatment and examination of victims of sexual assault.

Answer 48

means a police officer assigned to oversee other members, either temporarily or permanently.

Answer 49

means the offence committed by a person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation (also known as Human Trafficking).

Answer 50

means the national database operated by the Royal Canadian Mounted Police (RCMP) for the purpose of linking occurrences of designated offences across Canada.